In a bold move shortly after taking office, Donald Trump has signed an executive order aimed at ending the long-standing practice of birthright citizenship in the United States. This policy, which grants citizenship to anyone born on U.S. soil, has been a cornerstone of American immigration law for over a century, enshrined in the 14th Amendment to the Constitution. Trump’s directive seeks to deny citizenship to the children of individuals who are in the country illegally or on temporary visas, a policy change he has vehemently promised throughout his previous campaigns.
The 14th Amendment, ratified in 1868, clearly states: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.” This constitutional guarantee has led to debates which have intensified over the years, particularly amid rising concerns about illegal immigration. Critics of birthright citizenship argue that it incentivizes illegal immigration through practices termed as “birth tourism,” where non-citizens travel to the United States to give birth in order to secure citizenship for their child.
However, supporters assert that revoking this right would create a disenfranchised group of individuals born on American soil, undermining the very principles of equity and justice that the United States stands for. The implications of such a move could potentially lead to a significant societal shift wherein children born to unauthorized immigrants would grow up without citizenship rights, creating a subclass of individuals living in perpetual limbo.
Historically, the concept of birthright citizenship is rooted in English common law, but it wasn’t until the passage of the 14th Amendment that it was formally recognized in the U.S. Constitution. The landmark Supreme Court case, United States v. Wong Kim Ark in 1898, established legal precedent by affirming that children born in the U.S. were entitled to citizenship, regardless of their parents’ immigration status. This ruling has stood unchallenged for over a century, complicating Trump’s current efforts to redefine citizenship.
Legal experts widely agree that Trump’s executive order may not withstand judicial scrutiny. Constitutional authority is required to alter citizenship laws, and experts indicate that the President lacks the unilateral power to make such sweeping changes through executive action alone. “This is not something he can decide on his own,” stated constitutional law expert Saikrishna Prakash. Efforts to interpret citizenship more narrowly could ignite lawsuits from those affected, further entrenching the order in legal controversy.
Beyond legal hurdles, the ramifications of such a measure could affect hundreds of thousands of individuals. According to recent studies, about 250,000 babies were born to unauthorized immigrant parents in 2016 alone, a figure that highlights the potential scale of impact should this proposal prevail. The Migration Policy Institute warns that without birthright citizenship, the cumulative number of unauthorized immigrants could rise dramatically.
Trump’s administration is currently awaiting the Supreme Court’s decision after facing defeats in lower courts where federal judges labeled his actions as “blatantly unconstitutional.” As it stands, birthright citizenship remains intact in the United States, awaiting a resolution from the highest court in the land. Meanwhile, the national conversation around immigration continues, compelling Americans to consider the values and rights that define their citizenship and national identity.